Frequent Questions

If you generate hazardous soil and move it to another place at the same site, is that considered disposal? Would you have to meet applicable treatment standards before placement?

Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault or bunker intended for disposal purposes.

Removal of restricted waste from a unit and subsequent placement of the waste, either back into the unit or into another unit, is subject to the land disposal restrictions.  In situ treatment or movement of waste within the same unit does not constitute "placement" and does not subject the waste to the land disposal restrictions.

The placement concept is also used in the Area of Contamination (AOC) Policy.  Because a designated AOC is equated to a RCRA land-based unit, consolidation and in situ treatment of hazardous waste within an AOC does not create a new point of hazardous waste generation for purposes of RCRA.

Hazardous wastes placed into land disposal units after the effective date are subject to the prohibitions, but wastes disposed prior to the applicable effective date do not have to be removed or exhumed for treatment.  If, however, wastes subject to land disposal restrictions are removed from either a storage or land disposal unit after the effective date, subsequent placement of such wastes in or on the land would be subject to the restrictions and treatment provisions.

References:  40 CFR Section 268.2(c)
Memo, Weddle to Vaille, July 19, 1988 (RCRA Online #11354)
Memo, Fields and Heman to RCRA Senior Policy Managers, October 14, 1998 (RCRA Online #14291)
51 FR 40572, 40577, November 7, 1986

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